Minutes - June 9 2020 (x 3) - signed

REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: JULY 14, 2020

TITLE: MINUTES

_______________________________ City Clerk

RECOMMENDED ACTION:

1) Approve the minutes of a special meeting of the Irvine City Council held on June9, 2020.

2) Approve the minutes of a regular meeting of the Irvine City Council held on June9, 2020.

3) Approve the minutes of a special meeting of the Irvine City Council held on June9, 2020.

~

Molly Perry

CALL TO ORDER

The special meeting of the Irvine City Council was called to order at 2:33 p.m. on June 9, 2020, in the City Council Chamber, Irvine Civic Center, One Civic Center Plaza, Irvine, California; Mayor Shea presiding.

ROLL CALL

Present: 5 Councilmember: Melissa Fox*

Councilmember: Farrah N. KhanCouncilmember: Anthony Kuo

Vice Mayor: Mike Carroll Mayor: Christina Shea

* via teleconference

Prior to convening the meeting to Closed Session, Mayor Shea announced that the meeting was broadcast live on Cox Communications Local Access Channel 30 and AT&T U-Verse Channel 99, and livestreamed online at cityofirvine.org; and that in an effort to protect public health and prevent the spread of COVID-19, the e-comment feature had been extended for all agenda items, which allowed members of the public the ability to submit e-comments through the public comment portion of each item and would be included as part of the official record. She also assured the community that the City of Irvine was adhering to the Governor’s Executive Order in the Council Chamber and throughout City Hall by sanitizing surfaces and equipment, as well as wearing face masks.

MINUTES

CITY COUNCIL

SPECIAL MEETING

June 9, 2020 City Council Chamber One Civic Center Plaza

Irvine, CA 92606

City Council Minutes June 9, 2020

Prepared by the City Clerk’s Office 2

1. CLOSED SESSION

City Attorney Melching announced the following Closed Session items:

1.1 THREAT TO PUBLIC SERVICES OR FACILITIES (Gov. Code Section 54957): Consultation with Chief of Police and City Attorney

1.2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION –Pursuant to Government Code Section 54956.9(d)(1) — Alysia Bathelder v. City of Irvine, Susan Craft; Superior Court Case No. 30-2020-01129189-CU-CO-CJC

1.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -Significant Exposure to Litigation (Gov. Code Section 54956.9): Two Cases

Prior to convening to Closed Session, Molly Perry, City Clerk, noted that the following e-comment was received:

Luis Huang, who inquired about any potential threats to public services or facilities in the City of Irvine, as well as any suspicion of hate crime or hate speech.

RECESS

Mayor Shea recessed the City Council meeting to Closed Session at 2:37 p.m.

RECONVENE TO THE CITY COUNCIL MEETING

Mayor Shea reconvened the City Council meeting at 4:05 p.m. City Attorney Melching, on behalf of the City Council, announced that no reportable action was taken in Closed Session. ADJOURNMENT

Moved by Vice Mayor Carroll, seconded by Councilmember Kuo, and unanimously carried to adjourn the special City Council meeting at 4:06 p.m.

____________________________MAYOR OF THE CITY OF IRVINE

_________________________________ July 14, 2020 ______ CITY CLERK OF THE CITY OF IRVINE

•

CALL TO ORDER The regular meeting of the Irvine City Council was called to order at 4:07 p.m. on June 9, 2020, in the City Council Chamber, Irvine Civic Center, One Civic Center Plaza, Irvine, California; Mayor Shea presiding. ROLL CALL

Present: 5 Councilmember: Melissa Fox* Councilmember: Farrah N. Khan Councilmember: Anthony Kuo Vice Mayor: Mike Carroll Mayor: Christina Shea


Prior to the Pledge of Allegiance, Mayor Shea announced that the meeting was broadcast live on Cox Communications Local Access Channel 30 and AT&T U-Verse Channel 99, and livestreamed online at cityofirvine.org; and that in an effort to protect public health and prevent the spread of COVID-19, the e-comment feature had been extended for all agenda items, which allowed members of the public the ability to submit e-comments through the public comment portion of each item and would be included as part of the official record. She also assured the community that the City of Irvine was adhering to the Governor’s Executive Order in the Council Chamber and throughout City Hall by sanitizing surfaces and equipment, as well as wearing face masks.

MINUTES

CITY COUNCIL

REGULAR MEETING


Irvine, CA 92606



PLEDGE OF ALLEGIANCE Councilmember Kuo led the Pledge of Allegiance. INVOCATION Pastor Ralph Williamson from Christ Our Redeemer AME Church provided the invocation, accompanied by Jason Aguilar from Arise Church and numerous pastors from places of worship in the community were in attendance. MOMENT OF SILENCE Mayor Shea asked for a moment of silence in honor of Paul Brady, Jr., Irvine’s second City Manager, who passed away on Saturday, June 6, 2020. 1. CITY COUNCIL RECOGNITIONS

1.1 Recognition of M.T.O. Shahmaghsoudi School of Islamic Sufism

This City Council recognition was agendized at the request of Councilmember Khan, who presented a commendation to M.T.O. Shahmaghsoudi School of Islamic Sufism for raising over $10,000 that was used to prepare and deliver 600 bags of food items and care packages to veterans and surrounding low-income communities.

1.2 Reaffirming Irvine’s Solidarity Against Violence and Excessive Use of Force

Mayor Shea presented a proclamation reaffirming the City of Irvine’s

solidarity against violence and excessive use of force.

1.3 Proclaim June 2020 as LGBT Pride Month

This City Council recognition was agendized at the request of Vice Mayor Carroll and Councilmember Kuo, to which Vice Mayor Carroll presented a proclamation recognizing June 2020 as “LGBT Pride Month” in the City of Irvine.

City Clerk Perry noted 52 e-comments had been received, of which 43

were in support of the proclamation, two were opposed, and three were neutral.

CITY MANAGER’S REPORT There was no report.



ANNOUNCEMENTS/COMMITTEE REPORTS/COUNCIL REPORTS Councilmember Fox spoke in support of the proclamation recognizing June 2020 as “LGBT Pride Month,” and in support of flying the Pride flag at City Hall. ACTION: Moved by Councilmember Fox to:

Display the Pride flag at City Hall in recognizing June as “LGBT Pride Month.”

City Attorney Melching noted that although the City Council could not take action on the item given that it was not originally agendized for discussion, a motion could be made to agendize the item for discussion at a future meeting. Following clarification from the City Attorney, Councilmember Fox amended her motion. ACTION: Moved by Councilmember Fox to:

Agendize for City Council discussion and consideration on June 23, 2020, the displaying of the Pride flag at City Hall in recognition of June as “LGBT Pride Month.”

The motion failed for lack of second. City Council discussion included: suggesting that agendized items be meaningful by considering those impacted by the potential resulting actions; expressed support and actions taken by the City to support the LGBT community; and reiterated that the proclamation was signed by the Mayor and all Councilmembers. Councilmember Khan made the following announcements:

• In partnership with the M.T.O. Shahmaghsoudi School of Islamic Sufism Center in Irvine, Councilmember Khan will be distributing personal protective equipment (PPE) to dentists in Irvine on June 13 from 8 to 10 a.m. When the pandemic began, many dentists donated their existing inventory of PPE to health care providers, and as dental offices reopen for business, many dentists have been facing difficulties in reacquiring PPE. To date, feedback from local dentists has been positive.

• On June 8, Councilmember Khan assisted the Newport Mesa Irvine Interfaith Council in hosting an interfaith press conference with local clergy, faith leaders, and Irvine Police with a message of unifying the community and finding ways to acknowledge and improve the quality of life for everyone.



• Ms. Laura Fairbanks shared with Councilmember Khan that her grandson, Kyle, who recently celebrated his ninth birthday, asked his family and friends to celebrate him by donated to his food drive for Families Forward. Over 40 people donating to his birthday food drive. Councilmember Khan wished Kyle a very happy birthday and expressed her appreciation for his kindness for those in need.

Councilmember Kuo announced his recent attendance at the grand opening of the Working Wardrobes Collection Center, located at 17392 Daimler. Working Wardrobes accepts donated attire on hangers every Tuesday through Saturday from 9 a.m. to 3 p.m. Mayor Shea made the following announcements:

• On June 3, the City launched the Small Business Support Program, which provides

$10,000 grants for Irvine small businesses that have been financially impacted by COVID-19. By the end of that day, more than 1,400 grant applications had been received. Applications are currently in the review process. Funding for the program was made possible through a $5 million grant from the County of Orange, through the federally approved CARES Act. Mayor Shea expressed her appreciation to Orange County Supervisor Donald P. Wagner for his support of local businesses. The City will continue to seek ways to support small businesses in the future. For more information on the Small Business Support Program, visit cityofirvine.org.

• The City of Irvine, in partnership with the American Red Cross, is hosting a blood drive on Thursday, June 18 at the Orange County Great Park from 8:30 a.m. to 2:30 p.m. Community members are asked to consider donating blood based on the urgent need as hospitals resume surgeries and procedures that were put on hold earlier this spring in response to COVID-19. To schedule an appointment, visit redcrossblood.org and use sponsor code: cityofirvine.

• On Saturday June 13, Mayor Shea and Councilmembers will be participating in a Unity March, presented by Christ Our Redeemer Church, in coordination with Arise Church, Rock Harbor Church and our Irvine Public Safety Department. Participants will be peacefully walking together in solidarity and support of unity. Irvine leaders and Pastors will voice support for people of color, our city, and law enforcement. The community is invited to the family event, which begins at 10 a.m. and starts at Christ Our Redeemer AME Church, located at 45 Tesla, will proceed to Los Olivos Marketplace, and back to the AME Church for a rally, which will include speeches and prayer. Participants are asked to wear a facial covering, and bring signs with messages of hope and unity.



ADDITIONS AND DELETIONS

City Manager Russo asked for a continuance on Public Hearing Item Nos. 3.1 (Appeals of the Planning Commission’s Approval of 00790906-PMPC, a Commercial Master Plan and Transfer of Development Rights at 2400 Barranca Parkway in Planning Area 36 – Irvine Business Complex); and 3.2 (Zoning Ordinance Update – Accessory Dwelling Units). 2. CONSENT CALENDAR

ACTION: Moved by Councilmember Kuo, seconded by Vice Mayor Carroll, and unanimously carried to approve Consent Calendar Item Nos. 2.1 and 2.2.

2.1 MINUTES ACTION: 1) Approved the minutes of a special meeting of the Irvine City

Council held on May 12, 2020. 2) Approved the minutes of a regular meeting of the Irvine City

Council held on May 12, 2020.

2.2 WARRANT AND WIRE TRANSFER RESOLUTION ACTION: Adopted RESOLUTION NO. 20-44 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID

3. PUBLIC HEARINGS

3.1 APPEALS OF THE PLANNING COMMISSION’S APPROVAL OF

00790906-PMPC, A COMMERCIAL MASTER PLAN AND TRANSFER OF DEVELOPMENT RIGHTS AT 2400 BARRANCA PARKWAY IN PLANNING AREA 36 (IRVINE BUSINESS COMPLEX)

Mayor Shea opened the public hearing at 4:38 p.m. ACTION: Moved by Mayor Shea, seconded by Councilmember Kuo, and unanimously carried to:

Continue public hearing to the July 14, 2020, City Council meeting at 4 p.m. or soon thereafter.



3.2 ZONING ORDINANCE UPDATE – ACCESSORY DWELLING UNITS

Mayor Shea opened the public hearing at 4:39 p.m. ACTION: Moved by Mayor Shea, seconded by Vice Mayor Carroll, and unanimously carried to:

Continue the public hearing to the July 14, 2020, City Council meeting at 4 p.m. or soon thereafter.

3.3 ORDERING THE ABATEMENT OF PUBLIC NUISANCE CONDITIONS

AT 1851 KETTERING STREET

Mayor Shea opened the public hearing at 4:40 p.m. Keri Bullock, Neighborhood Services Administrator, presented the staff report and responded to questions. Kamlesh Chitalia, Chief Building Official, was also available for questions. City Council discussion included: confirming that the property owner was present on the day of the fire; reiterated that the property owner had been provided ample time to provide abatement actions; noted that Working Wardrobes was only a lessee and had long vacated the property; and clarified that Working Wardrobes had not been evicted from the property. Molly Perry, City Clerk, noted that the following e-comments had been received:

• Janet Hsu, who spoke in support of a 30-day continuance of the public hearing to allow for further investigation as requested in correspondence sent to the City Council by her legal counsel.

• Audrey H and Nalya Rodriguez, who spoke in opposition to Working Wardrobes being evicted from the property.

ACTION: Moved by Councilmember Kuo, seconded by Vice Mayor Carroll, and unanimously carried to close the public hearing at 4:44 p.m.



ACTION: Moved by Mayor Shea, seconded by Councilmember Kuo, and unanimously carried to:

Adopt RESOLUTION NO. 20-45 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, FINDING AND DECLARING CONDITIONS PRESENT AT 1851 KETTERING STREET, IRVINE, CALIFORNIA, TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF

4. COUNCIL BUSINESS

4.1 REMOVED

This item was removed from the agenda originally posted on May 28, 2020.

4.2 REMOVED

This item was removed from the agenda originally posted on May 28, 2020.

4.3 CONSIDERATION OF A REQUEST BY MAYOR SHEA TO DISCUSS REQUESTS FROM UNIVERSITY OF CALIFORNIA, IRVINE, STUDENTS IMPACTED BY COVID-19

This item was agendized at the request of Mayor Shea, who asked for City Council consideration to discuss various legislative and financial requests by University of California, Irvine, students. City Council discussion included: questioning the legality of rent waivers; noted that additional financial relief was forthcoming through the State’s rental assistance program, as well as the potential for CARES Act funding; inquired about the City’s liability with respect to back rent; inquired about HCD funding (Senate Bill 2) and whether the City has applied for these funds; discussed options for a rental assistance program, including qualifications, grant amounts, and disbursements; inquired about whether the County of Orange had a rental assistance program; questioned why the potential would exist for a drop in property tax revenue; discussed potential opportunity costs related to housing assistance; inquired about the eviction process and whether court hearings continued to be impacted by COVID-19; discussed a moratorium to freeze evictions and rent increases; and suggested using contingency reserves to implement a rental assistance program, with the potential to add additional funds through State and Federal grants.



Molly Perry, City Clerk, explained the protocol for e-comments related to business items for the meeting, noting that those received prior to 2 p.m. were included in the materials before the City Council at the dais; and those e-comments received after 2 p.m. would be scrolled on the large screen and either read or summarized into the record. City Clerk Perry also noted that approximately 40 e-comments were received for this item, with those noted below having been received after 2 p.m.:

• Stephanie Dorantes, and Marie King, who spoke in support of a moratorium on evictions and rent increases and/or the suspension of rent for all citizens of Irvine.

• Denis Burlakov, spoke in support of financial assistance for those students who do not qualify for other support programs due to the financial cap being met on provided services.

• Davina Chang, Dan Dalat, and Nalya Rodriguez, who spoke in

support of waiving fees for breaking leases.

• Emily Luong, who spoke in support of additional emphasis on helping all residents in the City directly, and in opposition to recent comments made by Mayor Shea.

• Georgia Simmons, who spoke in support of financial assistance for

students in Irvine and the “Black Lives Matter” campaign.

• Callie Connell and Anonymous, who spoke in support of financial assistance for students, and in opposition to recent comments made by Mayor Shea.

• Dashay Richardmond and Anon Ymous, who spoke in support of

financial assistance for students.

• Audrey H and Daniel C, who spoke in support of financial assistance for all renters.

• Anon Ymous, who spoke in support of financial assistance for

students living in Irvine Company apartments, including international students who are often ineligible for financial aid.

Councilmember Kuo questioned whether members of the public could submit e-comments anonymously, to which City Clerk Perry confirmed that anonymity was permitted.



Mayor Shea addressed concerns raised by members of the public with respect to comments she had made via social media and provided clarity to those comments.

RECESS

At the request of City Manager Russo, Mayor Shea called a recess at 5:33 p.m. to address technological issues with the livestreaming of the meeting. RECONVENE TO THE CITY COUNCIL MEETING Mayor Shea reconvened the City Council meeting at 5:37 p.m.

4.3 CONSIDERATION OF A REQUEST BY MAYOR SHEA TO DISCUSS REQUESTS FROM UNIVERSITY OF CALIFORNIA, IRVINE, STUDENTS IMPACTED BY COVID-19 (CONTINUED)

ACTION: Moved by Councilmember Fox to:

1) Create a renters’ relief fund similar to City of Anaheim using $5 million from Contingency Reserves.

2) Prohibit unconscionable, draconian, and unlawful termination fees.

3) Create a moratorium that is enforceable on evictions and rent increases.

The motion failed for lack of second. Additional discussion included: expressing concern about using General Fund monies due to the anticipated deficit; discussed auditing requirements; inquired about the existing moratorium from the State and other existing laws pertaining to evictions; inquired about lease break fees required by landlords; suggested a two-tier program for rent and lease break relief; discussed suggestions for program criteria; inquired about rental assistance through the University of California system; questioned whether other cities were providing financial relief for students; suggested the submittal of a letter to the University of California Regents outlining the City’s efforts to provide financial relief for students; expressed concern about the legalities of financial assistance by the City; inquired about whether a financial relief program would be similar to the program recently created for small businesses; reiterated that the program would be available to all Irvine renters and not limited to students; suggested heavy public outreach; and reiterated that no General Fund monies would be used to fund the program.



Jeff Melching, City Attorney, confirmed existing laws with respect to evictions; and noted that a renters’ relief program would require proof of residency such as a utility bill, lease, or other document proving residency. Marianna Marysheva, Assistant City Manager, confirmed that the City could utilize State funding for lease break assistance, and suggested seeking emergency grant funding from the Housing and Urban Development (HUD) Emergency Solutions Grant for rental assistance, reiterating that HUD funds could not be used for lease break assistance. She also noted that staff may need to return to the City Council at the next meeting for approval of a program administrator.

ACTION: Moved by Councilmember Khan, seconded by Mayor Shea, to:

Direct staff to explore opportunities for State funding to assist with fees associated with breaking leases, as well as opportunities for Housing and Urban Development (HUD) funding for rent relief during the emergency crisis.

ACTION: A friendly amendment was made by Mayor Shea, and accepted by Councilmember Khan as the maker of the motion, and unanimously carried to:

1) Direct staff to explore a two-tiered program that would pursue

opportunities for State funding (CARES Act) to assist with fees associated with breaking leases, as well as opportunities for Housing and Urban Development (HUD) funding for rent relief during the emergency crisis.

2) Authorize a rental assistance program in the amount of $2 million, with the following allocations:

a) Designate $1 million to be used for fees associated with

breaking leases, up to $1,000 per eligible household. b) Designate $1 million to be used for rent relief, up to $1,000

per eligible household.

4.4 COVID-19 SITUATIONAL UPDATE AND DIRECTION TO DIRECTOR OF EMERGENCY SERVICES ON RELEVANT ACTION ITEMS

Pete Carmichael, Director of Community Development, provided a brief report on available financial support for small businesses in Orange County Districts 3 and 5; and Laurie Hoffman, Director of Community Services, provided a brief update on the reopening of community facilities.



City Council discussion included: inquiring about updates on retail and restaurant re-openings; expressed support for summer camp programs; and discussed the re-opening of public and homeowner association recreational pools. City Manager Russo noted that Michelle Grettenberg, Deputy City Manager, had participated in a conference call with the County’s Chief Executive Officer and learned that the County’s Health Officer would approve the re-opening of pools by Thursday, June 11, for the potential reopening as early as Friday, June 12. Molly Perry, City Clerk, noted that the following e-comments had been received:

• Rich Lutrell, Irvine resident, who on behalf of his homeowners’ association, inquired about the reopening of association swimming pools and whether the association must comply with the closure requirement.

• Courtney Echols and Jay Contra, who spoke in support of the suspension of rent.

• Scott Hansen, who spoke in support of COVID-19 testing for Irvine

residents at no charge.

• T. Hayes, who spoke in support of a moratorium on rent increases, lease breakage fees, evictions, foreclosures, cease executing writs of possession, and utility forgiveness.

• Stephen Gaiber, who spoke in support of the re-opening of

recreational pool and hot tubs in apartment communities. By consensus, received and filed. No action was taken.

4.5 CONSIDERATION OF A REQUEST BY VICE MAYOR CARROLL AND COUNCILMEMBER KUO TO ADOPT A RESOLUTION TO REQUEST A DELAY IN THE IMPLEMENTATION OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS, SECTION 15064.3

This item was agendized at the request of Vice Mayor Carroll and Councilmember Kuo, who asked for City Council consideration of the adoption of a resolution to request a delay in the implementation of Title 14 of the California Code of Regulations, Section 15064.3.



Jaimee Bourgeois, Director of Transportation, provided a brief report and responded to City Council questions, noting that additional information and a recommendation from staff would be forthcoming on June 23, 2020. City Council discussion included: questioning the timing of the proposed resolution based on what was forthcoming from staff on June 23, 2020; clarified the intention of the resolution and its corresponding request; questioned whether a new development project requiring California Environmental Quality Act (CEQA) review would include vehicle miles traveled (VMT) as a measurement with respect to traffic; and inquired about whether the proposed resolution would amend the City’s Municipal Code or if it simply requested a delayed implementation from the State. Steve Greenberg, Chairman of the Transportation Commission, spoke in opposition to the proposed resolution. City Attorney Melching asked for City Council clarification on a certain provision within the proposed resolution that could potentially conflict with what staff would be bringing forward on June 23, 2020; and confirmed that the proposed resolution would not change the Municipal Code, but rather, asks the delay of implementation of VMT. ACTION: Moved by Vice Mayor Carroll, seconded by Councilmember Kuo, to:

Adopt RESOLUTION NO. 20-46 – A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, TO REQUEST A DELAY IN THE IMPLEMENTATION OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS, SECTION 15064.3

The motion carried as follows:

AYES: 4 COUNCILMEMBERS:

Carroll, Khan, Kuo, and Shea

NOES: 1 COUNCILMEMBERS:

Fox

ABSENT: 0 COUNCILMEMBERS: None



4.6 CONSIDERATION OF A REQUEST BY MAYOR SHEA, VICE MAYOR CARROLL, AND COUNCILMEMBERS FOX, KHAN, AND KUO, IN SUPPORT OF A RESOLUTION ASSURING OUR COMMUNITY THAT THE CITY OF IRVINE WILL NOT AND DOES NOT TOLERATE THE VIOLENT TREATMENT OF OTHERS AND THE DISREGARD OF THE SANCTITY OF HUMAN LIFE

Mayor Shea turned to Vice Mayor Carroll as the author of the proposed resolution, who assured members of the community that he, along with his City Council colleagues, have heard the community’s concerns; and provided a brief summary of the proposed resolution and its intention. City Council discussion included: referencing the recent peaceful protests by members of the community and Irvine Police Department’s handling of the events; inquired about whether the proclamation would be available online; noted the City Council’s upcoming participation in a unity march; discussed the events that lead to the Minneapolis incident and the death of George Floyd; expressed concern about continued racism in the United States; suggested the proclaiming the City Council’s support for peaceful protesting, noted support for substantive and structural changes at the upcoming City Council meeting; and referenced the goals and objectives of the Safe Community Task Force. Molly Perry, City Clerk, reiterated the protocol for e-comments related to business items for this meeting, noting that those received prior to 2 p.m. were included in the materials before the City Council at the dais; and those e-comments received after 2 p.m. would be scrolled on the large screen and either read or summarized into the record. City Clerk Perry also noted that approximately 65 e-comments were received for this item, with those noted below having been received after 2 p.m.:

• Stephanie Durantes, who spoke in support of the “Black Lives Matter” campaign.

• Jonathan Beer, who suggested that the proposed resolution not impact First Amendment speech rights.

• Yultzin Angeles, who spoke in support of the “8 Can’t Wait”

campaign.

• Jorge Barajas and Dean L., who spoke in support of policies and procedures to prevent the spread of police brutality, including the reallocation of police department funding into other community resources.



• Audrey H., who spoke in support of the “Black Lives Matter” campaign, and suggested the reallocation of police department funding into other community resources.

• Chaz E., who spoke in opposition to prior and recent comments

made by Mayor Shea, and in support of reallocation of police department funding.

• Nicole Trieu, who spoke in support of enacting several policies to

defend black lives.

• Courtney Echols, who spoke in opposition to license plate readers targeting immigrants and racial profiling; and in support of the “Black Lives Matter” campaign and the reallocation of police department funding.

Prior to a vote, Councilmember Khan suggested modifications to further strengthen the proposed resolution. ACTION: Moved by Vice Mayor Carroll, seconded by Councilmember Kuo, and unanimously carried to:

Adopt RESOLUTION NO. 20-47 – A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AFFIRMING THAT THE CITY OF IRVINE WILL NOT AND DOES NOT TOLERATE THE VIOLENT TREATMENT OF OTHERS AND THE DISREGARD OF THE SANCTITY OF HUMAN LIFE as amended to include the following changes:

a) Add to the end of the fifth whereas: “…and the Irvine Police Department operates under a set of values that prioritizes the community, public safety, and policing efforts.”

b) Add to the end of the sixth whereas: “…and this City Council does not and will not tolerate the anguish, suffering, and pain caused by injustice, racism, and hate.”

c) Add an additional whereas as follows: “WHEREAS, we stand with the African American members of our community, with all people of color in our community, and with all those who have been marginalized and disenfranchised, we stand with the entire Irvine Community to peacefully protest, which serves as a critical tool for public awareness.”



PUBLIC COMMENTS Molly Perry, City Clerk, noted that approximately 42 e-comments had been received, of which approximately 25 had been received prior to 2 p.m., which were included in the materials before the City Council at the dais; and those e-comments received after 2 p.m. would be scrolled on the large screen and summarized into the record, which were as follows:

• E. Hanabusa, who spoke in support of rent control for students.

• Julissa Gutierrez, who spoke in support of rental assistance for students by the U.C. Regents.

• Davina Granada, who asked for clarification on comments made by Mayor Shea with respect to what was best for students.

• Davina Chang, who spoke in opposition to Mayor Shea’s position on the Amended and Restated Development Agreement (ARDA) site for a veterans’ cemetery.

• Erik Brandt, who asked that the City Clerk read e-comments into the record related to Item Nos. 1.2 and 1.3.

• Justin Fong, who spoke in opposition to the deletion of social media posts by Mayor Shea on her Facebook page.

• Ankita Pattnaik, who spoke in support of painting “Black Lives Matter” on Harvard or Alton in front of the Civic Center to show support.

• Carolyn Monofore, Tazine Nunez, Abby Longo, Laurel Davila, Debra Richardson, and Rozmarie Strauss, who spoke in support of the “8 Can’t Wait” campaign.

• Jenny Hagadorn, who spoke in support of ensuring that the black community in Irvine is heard.

• Audrey H. and Anonymous, who spoke in opposition to Mayor Shea’s recent comments on her Facebook page.

• Susan Segal, who expressed appreciation to the Irvine Police Department for respecting the right to protest and suggested its continued commitment, and in support of the “8 Can’t Wait” campaign.

• Nalya Rodriguez, who spoke in support of the reallocation of funding from the police department to other community programs.

• Naveen Madela, Doug Elliott, and Holly Packard, who spoke in support of the Irvine Police Department’s adoption of responsible police procedures.



• Courtney Echols, who spoke in support of Donald Bren and the Irvine Company’s assistance with rent for students and the community.

• Gabriele Rau, who spoke in opposition to police practices and illegal entry.

• “Irvine Resident,” who spoke in support of reopening community facilities.

• Cristina Miramontes, who spoke in opposition to Mayor Shea’s comments in a news

article published many years ago regarding the LGBT community. ADJOURNMENT Prior to adjournment, Councilmember Khan asked the City Attorney for clarification on the motion made by Councilmember Fox under “Announcements,” to which City Attorney Melching clarified the intention of the motion, as well as the process for requesting an item be agendized for a future meeting. In addition, City Clerk Perry noted that e-comments were inadvertently omitted from the City Council recognition portion of the agenda relating to City Council Recognition Item Nos. 1.2 (Reaffirming Irvine’s Solidarity Against Violence and Excessive Use of Force) and 1.3 (Proclaim June 2020 as LGBT Pride Month), and were read into the record as follows: Item 1.2

• Carolyn Monofore, who spoke in favor of the “8 Can’t Wait” campaign.

• Roxanna Rabiee, who spoke in support of reallocation of police department

funding to other programs. • Caroline Hong, who spoke in support of painting “Black Lives Matter” in front of

the Civic Center. • Jill Berg, who spoke in opposition to excessive use of force by police officers. • Anon Ymous and Erik Brandt, who spoke in support of the “Black Lives Matter”

campaign. • Raina Zhao, who spoke in support of the proclamation, and encouraged additional

steps to reduce excessive force and the rethinking of police policies. • Nalya Rodriguez, who spoke in opposition to recent comments on social media

by Mayor Shea, and asked for comprehensive data related to the Irvine Police Department.

• Ashley Yang, who spoke in support of the proclamation and in opposition to racial

profiling.



• Ana D, who spoke in support of the proclamation and more tangible actions. • Courtney Echols, who spoke in opposition to racial profiling, and in support of the

reallocation of police department funding.

Item 1.3 • Nikki Shelton, Anon Ymous, and Courtney Echols, who spoke in opposition to

statements made by Mayor Shea in 1992 with respect to LGBT rights.

• A.M., who expressed concern about the proclaiming of Pride Month while not addressing systemic racism.

• Erik Brandt, spoke in support of proclaiming Pride Month every June.

Moved by Mayor Shea, seconded by Councilmember Kuo, and unanimously carried to adjourn the City Council meeting at 6:56 p.m.

____________________________ MAYOR OF THE CITY OF IRVINE


CALL TO ORDER

The special meeting of the Irvine City Council was called to order at 7:15 p.m. on June 9, 2020, in the City Council Chamber, Irvine Civic Center, One Civic Center Plaza, Irvine, California; Mayor Shea presiding.

ROLL CALL

Present: 5 Councilmember: Melissa Fox*

Councilmember: Farrah N. Khan Councilmember: Anthony Kuo

Vice Mayor: Mike Carroll Mayor: Christina Shea


Mayor Shea announced that the meeting was broadcast live on Cox Communications Local Access Channel 30 and AT&T U-Verse Channel 99, and livestreamed online at cityofirvine.org; and that in an effort to protect public health and prevent the spread of COVID-19, the e-comment feature had been extended for the agenda item, which allowed members of the public the ability to submit e-comments through the public comment portion of the item and would be included as part of the official record. She also assured the community that the City of Irvine was adhering to the Governor’s Executive Order in the Council Chamber and throughout City Hall by sanitizing surfaces and equipment, as well as wearing face masks.

MINUTES

CITY COUNCIL

SPECIAL MEETING


Irvine, CA 92606



Prior to City Council consideration of Council Business Item No. 1.1, Mayor Shea noted her opposition to the special meeting, expressing concern that: 1) the posting of the special meeting agenda did not meet the requirements of the Sunshine Ordinance, and 2) a staff report for public review and input was unavailable; and suggested that the item be placed on the next meeting agenda.

City Attorney Melching clarified that the special meeting was properly noticed under the Ralph M. Brown Act, and that certain exceptions were allowed under the Sunshine Ordinance with respect to noticing requirements for special meetings; and by a 2/3 vote of those members present at the meeting, the City Council must take action determining that: 1) upon consideration of the facts and circumstances, it was not reasonably possible to meet the additional notice requirements under the Sunshine Ordinance; and 2) there was the need to take immediate action on the item to avoid a substantial impact that would occur if the action were deferred to a subsequent special or regular meeting.

ACTION: Moved by Councilmember Kuo, seconded by Councilmember Khan, to:

1) Determine that, upon consideration of the facts and circumstances, it was

not reasonably possible to meet the additional notice requirements under the Sunshine Ordinance.

2) Determine that there was the need to take immediate action on the item (Council Business Item No. 1.1) to avoid a substantial impact that would occur if the action were deferred to a subsequent special or regular meeting.

The motion carried as follows:

AYES: 4 COUNCILMEMBERS:

Fox, Carroll, Khan, and Kuo

NOES: 1 COUNCILMEMBERS:

Shea

ABSENT: 0 COUNCILMEMBERS: None

1. COUNCIL BUSINESS

1.1 CONSIDERATION OF A REQUEST BY VICE MAYOR CARROLL AND COUNCILMEMBERS KUO, KHAN, AND FOX TO DISCUSS RESPONDING TO PROTESTS IN IRVINE AND THROUGHOUT THE NATION

This item was agendized at the request of Vice Mayor Carroll, and Councilmembers Kuo, Khan and Fox, who asked for City Council consideration to discuss responding to recent protests in Irvine and throughout the nation.



Councilmember Kuo, as the principal author of the memo, noted the number of recent demonstrations in Irvine and comments from members of the community; reiterated the high level of service provided by the Irvine Police Department; and clarified the intent of the submitted memorandum for discussion.

Mike Hamel, Director of Public Safety/Chief of Police, provided a presentation on the Irvine Police Department’s Use of Force Policy, recent demonstrations, hate crimes/incidents, and community programs.

RECESS

Mayor Shea called a recess at 7:49 p.m. to address technical issues with the livestreaming of the meeting. RECONVENE TO THE CITY COUNCIL MEETING

Mayor Shea reconvened the special City Council meeting at 7:51 p.m.

1.1 CONSIDERATION OF A REQUEST BY VICE MAYOR CARROLL AND COUNCILMEMBERS KUO, KHAN, AND FOX TO DISCUSS RESPONDING TO PROTESTS IN IRVINE AND THROUGHOUT THE NATION (CONTINUED)

City Council discussion included: inquiring about the “8 Can’t Wait” campaign; expressed appreciation to the Irvine Police Department for the level of service it provides; reiterated that the City Council has heard and understands concerns raised by community members; expressed concern about defunding the Irvine Police Department; reiterated that Irvine has been designated as the Safest City in America for 15 straight years; encouraged continued peaceful community involvement; inquired about the different layers and levels of force; review of the data related to the use of force by the Irvine Police Department; inquired about the use of body cameras, and suggested that the timeline to implement their use be moved up; questioned the use of dash cams and audio recorders; suggested the formation of an independent citizen-based review board; expressed concern about the potential for hate crimes; discussed the formal principals of “Campaign Zero;” noted the need for clarity in City policies with respect to the use of force; suggested a task force to work in collaboration with the Community Services Commission and Irvine Multicultural Association in lieu of the formation of a Public Safety Commission; noted the role and responsibilities of the Safety Community Task Force, and suggested expanding its role; suggested placing Police Chief Hamel’s presentation as a standalone item on the ICTV; and suggested the addition of sensitivity and bias training for City Councilmembers and Commissioners.



John Russo, City Manager, noted that the City could move forward with sensitivity training on an annual basis for City Councilmembers and Commissioners, with implementation by September. Mayor Shea read into the record a text message received by unidentified members of the community in opposition to the defunding of the Irvine Police Department. Molly Perry, City Clerk, noted that approximately 1,017 e-comments had been received on this item, of which those received prior to 7 p.m. were provided to the City Council at the dais; and provided a summation of the following e-comments received after 7 p.m.:*

Angela Stewart and Steven Smith, who inquired about the technical difficulties with the livestream.

Anon Ymous, who spoke in support of providing data related to bad

behavior by police officers.

Tom Lee, who spoke in opposition to supporting criminals.

Jessenia Doe, spoke in opposition to racial profiling, discrimination, and racism, and in support of Mayor Shea stepping down as Mayor.

James Heumann, who spoke in support of a thorough evaluation of

the Irvine Police Department for potential outcomes regarding interactions with diverse community members, as well as an evaluation of the eight points proposed as part of the Black Lives Matter campaign.

Gabriela Olmedo, who expressed concern that the “8 Can’t Wait”

campaign was not enough, and suggested the implementation of additional measures.

Jess M. and Lamar West, who spoke in opposition to recent

comments by Mayor Shea on her Facebook page.

Julie Wang, who spoke in support of security and safety for the general public.

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City Clerk Perry also noted that the following individuals submitted e-comments in opposition to defunding the Irvine Police Department:

Julie Wang Golden Liu Hongbin LiangJianwei Liu Dobgmei Jiang Jinbo Dai Joshua Jiang Anh Dao Grace YangNa An David Johnson Zhengjun WangDavid Husng Phil Yrinh Rebecca YueSelena Shao SS Teresa Zhang Mang Thai Wei Wang Kevin HeNa Liu Richard Yardley Yongdan DownsJiezhong Cui Sophie Yuwen Lynn HuangCindy Wang Seungjin Kim Chris QiYuan Tang Tingting Xie Joanna Wang Cunjian Dong Beverly Fu Gary MolinaXiaodan Luo Yawen Zhan Hao Xuan Dennis Fang Archana Darekar Wenjun WangSu Jie Yun Guo Lan Wu

* All correspondence received, including all emails and e-comments, are part of the official record of this item and are uploaded onto the City’s website in their entirety.

By consensus, received and filed. No action was taken.

ADJOURNMENT

Moved by Councilmember Kuo, seconded by Vice Mayor Carroll, and unanimously carried to adjourn the special City Council meeting at 9:08 p.m.

____________________________MAYOR OF THE CITY OF IRVINE


Minutes - June 9 2020 (x 3) - signed

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